This Subscription Agreement ("Agreement") is made between Pendulum Wearable UG ("Service Provider") and the subscriber identified below ("Subscriber"). By subscribing to the video analysis software-as-a-service (SaaS) provided by Pendulum Wearable UG, the Subscriber agrees to the following terms and conditions:
1. Subscription Terms
Service: Pendulum Wearable UG provides video analysis services for gait assessment and motion analysis through its SaaS platform.
Monthly Subscription Fee: The Subscriber agrees to pay 34 EUR per month, billed monthly to the payment method provided for the Personal Plan and 510 EUR per month for the Team subscription fee.
Subscription Period: The subscription is active for a one-month period, which renews automatically unless canceled by the Subscriber.
2. Payment and Billing
Payment Method: The Subscriber will provide a valid payment method upon signing up, which will be charged on the same day each month for the Personal subscription fee of 34 EUR and the Team subscription fee of 510 EUR .
Automatic Renewal: The subscription will automatically renew on a monthly basis unless canceled before the billing date.
Cancellation: The Subscriber may cancel their subscription at any time by providing written notice via email to [email address]. No refunds will be provided for partial months.
3. Requirements for Video Accuracy
In order to ensure the accuracy of the video analysis results, the following Requirements must be adhered to by the Subscriber when recording videos for analysis:
- Clothing: The person being analyzed should wear longer stiff pants, such as jeans.
- Phone Camera: It is recommended to use a newer phone with a video recording capability of 60 frames per second (fps).
- Phone Orientation: The phone must be held in a landscape orientation.
- Camera Stability: The phone must be held still throughout the video recording; do not move the phone during recording.
- Lighting Conditions: The video must be recorded in good lighting, ideally in a well-lit room.
- Background: The video should be recorded with a straight wall behind the person, with no chairs or obstacles in view.
- Subject in Frame: The person being analyzed must fit fully within the camera frame, and only one person should be visible in the video.
4. Recording Instructions
For accurate analysis, the following guidelines must be followed when recording videos:
- The person being analyzed must walk five complete steps within the camera frame and exit the frame on the other side.
- The video must be recorded in both directions:
- Left to right: Record the person walking five times.
- Right to left: Record the person walking five times.
5. Accuracy of Results
No Warranty: The Service Provider makes no warranty for the accuracy of the results generated by the video analysis service.
Third-Party AI Library: The video analysis service relies on a third-party AI library, and as such, the Service Provider is not liable for any inaccuracies or errors resulting from the use of the AI technology.
Precision Disclaimer: The accuracy of the results may be affected if the Requirements outlined in Section 3 are not respected.
6. Delivery of Results
The analysis results will be sent to the Subscriber via the email address provided during sign-up. The Subscriber is responsible for ensuring that their email address is accurate and up to date.
7. Limitation of Liability
Pendulum Wearable UG is not responsible for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the video analysis service.
The Subscriber acknowledges that the analysis provided is for informational purposes only and should not be relied upon as a substitute for professional medical or technical advice.
8. Termination of Subscription
The Service Provider reserves the right to terminate the subscription at any time, with or without cause, by providing written notice to the Subscriber.
The Subscriber may terminate this Agreement by canceling the subscription as provided in Section 2.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.
10. Acceptance
By subscribing to the Pendulum Wearable UG video analysis service, the Subscriber acknowledges that they have read, understood, and agree to the terms and conditions of this Agreement.